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Madras High CourtCRL OP/3483/2022disposed of

Anitha v. The Commissioner Of Police

2022-02-18Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3483 OF 2022 Anitha ... Petitioner .Vs.

1. The Commissioner of Police, Order of The Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, V6- Kolathur Police Station, Chennai District.

CSR.No.20 of 2022 ... Respondents PRAYER:- This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent police to register FIR against one Baskar, S/o.Sekar, based on the petitioner's police complaint dated 25.01.2022, pending in CSR No.20 of 2022 on the file of the Inspector of Police, V6- Kolathur Police Station, Chennai District.

For Petitioner : Mr.G.Sampath For Respondents : Mr.V.Meganathan Government Advocate (Criminal side)

ORDER

This Criminal Original Petition has been filed, to direct the respondent police to register FIR against one Baskar, S/o.Sekar, based on the petitioner's police complaint dated 25.01.2022, pending in CSR No.20 of 2022 on the file of the Inspector of Police, V6-Kolathur Police Station, Chennai District.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard both sides and perused the materials available on record.

3. This petition is not maintainable, in view of the Order passed by a Hon'ble Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489. The Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench in M.Subramaniam v. S.Janaki, reported in (2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has categorically held that the High Court cannot issue any direction for registration of FIR in exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court held that the informant has to necessarily avail of the alternative remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Hon'ble Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar arb/shk To 1.

The Commissioner of Police, Order of The Commissioner of Police, Vepery, Chennai - 600 007.

2.

The Inspector of Police, V6-Kolathur Police Station, Chennai District.

3.

The Public Prosecutor, Madras High Court.

+1cc to Mr.S.Silambu Selvan, Advocate, S.R.No.10684 CRL.O.P.NO.3483 OF 2022 KG(CO) PBS/02/03/2022 https://hcservices.ecourts.gov.in/hcservices/